Second MCV witness takes stand

Published 8:00 pm, Sunday, February 10, 2002

The trial, which began at the Michigan Tax Tribunal in Lansing Jan. 11, is moving slowly, said City Attorney James O. Branson III.

City of Midland attorneys have chosen to reserve opening statements until MCV witnesses are finished testifying. There are expected to be seven or eight.

This week, the second MCV witness, Lawrence J. Makovich, Ph.D, energy economist for the Cambridge Energy Research Association, took the stand.

William R. Crean, professional engineer for Missouri-based Black and Veach, was the first witness. He testified in the first weeks of the trial and is expected to be called back.

"It's a very meticulous process," Branson said.

Karl Tomion, city manager, visited the trial last week and reports that it is "slow and boring."

"It's very dry," Tomion said. "It's very technical and difficult to walk into for a day and understand."

The trial is expected to last a total of 45 to 75 days. Though it began in January, there was a week-long break in January and a few days off this month.

Today marks the 19th day in session.

"It's too soon to tell what will happen," Branson said.

It's also too soon to tell when the city will get a chance to make its case.

Tomion said that while he understands that the community is curious about how the city's defense will stand against MCV, it is too soon to speculate.

MCV argues that its property has depreciated and that a new plant with the same capacity and greater efficiency could be built less expensively. Its assessment then, of $1.1 billion, is too high, MCV officials argue.

The difference in values between city and MCV assessments is $388.15 million. The value of the property has been disputed since 1996.